Supreme Court of Missouri
en banc
June 21, 2018
Effective July 1, 2018
Effective July 1, 2018
In re:
Correction of order of December 19, 2017, repealing and adopting subdivision 25.03, entitled "Misdemeanors or Felonies – Disclosure by State to Defendant Without Court Order," of Rule 25, entitled "Misdemeanors or Felonies – Disclosure and Depositions."
ORDER
1. By order of December 19, 2017, this Court adopted a new subdivision 25.03 of Rule 25 to be effective July 1, 2018. The Court hereby corrects the order so that, as corrected, effective July 1, 2018, subdivision 25.03(b) and (e) shall read as follows:
25.03. MISDEMEANORS OR FELONIES – DISCLOSURE BY STATE TO DEFENDANT WITHOUT COURT ORDER
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(b) Disclosure after indictment or filing of information. Except as otherwise provided in these Rules, the state shall, upon written request of defendant's counsel, disclose to defendant's counsel the following material and information within its possession or control designated in the request:
(1) Any arrest reports, incident reports, investigative reports, written or recorded statements, documents, photographs, video, electronic communications and electronic data that relate to the offense for which defendant is charged;
(2) The names and last known addresses of persons whom the state intends to call as witnesses at any hearing or at the trial, together with their written or recorded statements, and existing memoranda, reporting or summarizing part or all of their oral statements;
(3) Any written or recorded statements and the substance of any oral statements made by defendant, a co-defendant or a co-actor, a list of all witnesses to the making of the statements and a list of all witnesses to the acknowledgment of the statements including the last known addresses of the witnesses;
(4) Those portions of any existing transcript of grand jury proceedings
that relate to the offense with which defendant is charged, containing testimony of defendant and testimony of persons whom the state intends to call as witnesses at a hearing or trial;
(5) Any existing transcript of the preliminary hearing and of any prior trial held in defendant's case if the state has the transcript in its possession;
(6) Any reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons;
(7) Any books, papers, documents, photographs, video, electronic communications, electronic data, or objects that the state intends to introduce into evidence at the hearing or trial or that were obtained from or belong to defendant;
(8) Any record of prior criminal convictions of persons the state intends to call as witnesses at a hearing or the trial; and
(9) Any photographic or electronic surveillance (including wiretapping) of defendant or of conversations to which defendant was a party or of defendant's premises, relating to the offense charged. This disclosure shall be in the form of a written statement by counsel for the state briefly setting out the facts pertaining to the time, place, and persons making the photographic or electronic surveillance.
(2) The names and last known addresses of persons whom the state intends to call as witnesses at any hearing or at the trial, together with their written or recorded statements, and existing memoranda, reporting or summarizing part or all of their oral statements;
(3) Any written or recorded statements and the substance of any oral statements made by defendant, a co-defendant or a co-actor, a list of all witnesses to the making of the statements and a list of all witnesses to the acknowledgment of the statements including the last known addresses of the witnesses;
(4) Those portions of any existing transcript of grand jury proceedings
that relate to the offense with which defendant is charged, containing testimony of defendant and testimony of persons whom the state intends to call as witnesses at a hearing or trial;
(5) Any existing transcript of the preliminary hearing and of any prior trial held in defendant's case if the state has the transcript in its possession;
(6) Any reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons;
(7) Any books, papers, documents, photographs, video, electronic communications, electronic data, or objects that the state intends to introduce into evidence at the hearing or trial or that were obtained from or belong to defendant;
(8) Any record of prior criminal convictions of persons the state intends to call as witnesses at a hearing or the trial; and
(9) Any photographic or electronic surveillance (including wiretapping) of defendant or of conversations to which defendant was a party or of defendant's premises, relating to the offense charged. This disclosure shall be in the form of a written statement by counsel for the state briefly setting out the facts pertaining to the time, place, and persons making the photographic or electronic surveillance.
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(e) The state may elect to provide a separate copy of a redacted document to defendant's counsel to be delivered to defendant and designated as "Defendant's Copy." If the state provides a redacted document designated as "Defendant's Copy," in addition to the information permitted to be redacted pursuant to Rule 25.03(d), the state may also redact from "Defendant's Copy" of the document the following information: date of birth, home address, work address, and personal phone number and work phone number of a victim or witness. However, the redaction must be done in a manner that makes it clear the information has been redacted from the document. Defendant's counsel shall be provided a separate document designated as "Lawyer Copy Only – Not for Defendant" that includes the information that has been redacted from the document pursuant to Rule 25.03(e). If defendant's counsel is provided with a redacted document by the state designated as "Defendant's Copy," only that copy shall be provided to defendant. Defendant's counsel shall not provide to defendant the unredacted document or any information redacted from the document pursuant to this Rule without court approval. For any document designated "Defendant's Copy" or "Lawyer Copy Only – Not for Defendant," every page of the respective document shall be so designated.
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2. It is ordered that notice of this order be published in the Journal of The Missouri Bar.
3. It is ordered that this order be published in the South Western Reporter.
Day – to – Day
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ZEL M. FISCHER
Chief Justice
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ZEL M. FISCHER
Chief Justice